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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a judgment against my ex-husband who emptied the 401K

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I have a judgment against my ex-husband who emptied the 401K before signing the necessary papers to have the money transferred to me as ordered in divorce court. He went through chapter 7 bankruptcy and I filed an Adversary Case. His response is a joke, but we still have to appear in Court in June. What do I ask for in discovery?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

There is no specific or standard discovery for an adversary proceeding, but bear with me and let me see if I can find a good sample of interrogatories and document requests.
Customer: replied 1 year ago.

Okay

Customer: replied 1 year ago.

Do you need anything else from me?

Expert:  Roger replied 1 year ago.

Here's a link to a basic set of interrogatories. It lets you see how the questions are worded and what to ask for, in general: http://www.burbageweddell.com/resources/sample-interrogatory-requests/

 

HOWEVER, you will need to adapt these questions to fit your facts and situation. By this, I mean that you will have to ask about the 401(k), where the money went, etc. You can ask for ANYTHING you want, and if the debtor objects, the judge can decide whether or not you're entitled to the information. But, there's no harm in asking!

 

Also, you can make requests for production of documents, and that is usually a simple request for him to produce ALL documents that he used or referred to in responding to the interrogatories. Here are some examples:

 

REQUEST NO. 1: Any and all documents supporting or in any manner relating

to your bankruptcy filing.

 

REQUEST NO. 2: Any and all valuation reports held by you in connection with the 401k account .

 

REQUEST NO. 3: Any and all documents which you intend to place into

evidence at the hearing of this adversary proceeding.

 

REQUEST NO. 4: Any and all documents that you relied on or refer to in responding to the interrogatories.

 

Here's a link as well: http://www.burbageweddell.com/resources/sample-request-for-production-of-documents-in-adversary-proceeding/

 

You can also issue requests for admissions, which basically asks the other party to agree with you that what you allege is true. Here's a good link to sample admissions: http://www.burbageweddell.com/resources/sample-requests-for-admission/

Customer: replied 1 year ago.

Is there also a standard order I need to file?

Expert:  Roger replied 1 year ago.
No, not for discovery.

The court should enter a scheduling order for the case, but that would just give you deadlines in which to conduct discovery. It doesn't have anything to do with you actually issuing discovery.

All you need to do is draft your discovery and send it to the debtor/his attorney. You will need to file a notice of service with the court showing that you issued the discovery. I'll post that below.
Expert:  Roger replied 1 year ago.

NOTICE OF SERVICE

TO: XXXXX XXXXX DEBTOR (put in name/address)

 

Notice is hereby given that _______________ has this date served a copy of its First Set of Interrogatories, Request for Production of Documents and Requests for Admissions, upon counsel of record in the above entitled action.

The undersigned retains the originals of the above documents as custodian thereof pursuant to Uniform Local Rule 16(b).

Respectfully submitted,


_______________________

Your name and signature

 

CERTIFICATE OF SERVICE

 

I, the undersigned __________________, do hereby certify that I have this day served a true and correct copy of the above and foregoing Notice of Service by placing a true copy thereof, postage prepaid, in the United States mail, properly addressed to:

 

LAWYER'S NAME AND ADDRESS

 

This the day of ____, 2013.

 

 

Your name and signature

 

Customer: replied 1 year ago.

Thank you - this was a great help! Wish us luck .... Very frustrating that I even have to do this as the family court already decided that he did wrong.


 


Thank you again.


 


Can we contact you directly through the system if we have more questions?

Expert:  Roger replied 1 year ago.
No problem. Glad to help. If you have any further questions, you can just start them with "For Kirk" and it will be directed to me.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27079
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters